7 GCA § 6105: Grounds of Disqualification.

(a) Any Judge shall disqualify himself or herself in any proceeding in which his or her impartiality might reasonably be questioned, but if, following complete disclosure to all parties in the proceeding of the reasons for disqualification, all parties agree to having the Judge continue to sit in the proceedings, he or she need not disqualify himself or herself.

(b) A Judge shall also disqualify himself or herself in the following circumstances, but if, following complete disclosure to all parties in the proceeding of the reasons for his or her disqualification, all parties agree to having the Judge continue to sit in the proceedings, he or she need not disqualify himself or herself:

(1) Where he or she has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

(2) Where in private practice he or she served as a lawyer in the matter in controversy, or a lawyer with whom he or she previously practiced law served during such association as a lawyer or either has been a material witness concerning the matter;

(3) Where he or she has served in governmental employment and in such capacity participated as counsel, advisor or material witness concerning the proceeding or, as such government employee, expressed an official opinion concerning the merits of the particular matter in controversy;

(4) Where he or she knows that he or she, individually or as a fiduciary, or his or her spouse or minor child residing in his or her household, has a financial interest in the subject matter in controversy or is a party to the subject matter in controversy or is a party to the proceeding, or in any other interest that could be substantially affected by the outcome of the proceeding;

(5) Where he or she or his or her spouse, or a person within the third degree of relationship to either of them, or the spouse of such person:

(A) is a party to the proceeding, or an officer, director, or trustee of a party;

(B) is acting as a lawyer in the proceeding;

(C) is known by the Judge to have an interest that could be substantially affected by the outcome of the proceeding;

(D) is to the Judge’s knowledge likely to be a material witness in the proceeding.

(c) A Judge should inform himself or herself about his or her personal and fiduciary interests and that of his or her spouse and minor children residing in his or her household.

(d) For the purpose of this section the following words or phrases shall have the meanings indicated:

(1) “Proceeding” includes pre-trial, appellate review or other stage of litigation;

(2) The degree of relationship is calculated according to the civil law system;

(3) “Fiduciary” includes such relationships as executor, administrator, trustee and guardian;

(4) “Financial interest” means ownership of a legal or equitable interest, however small, or a relationship as a director, advisor or other active participant in the affairs of a party, except that:

(A) Ownership in a mutual or common investment fund that holds securities is not a financial interest in such securities unless the Judge participates in the management of the fund;

(B) An office in an educational, religious, charitable, fraternal or civil organization is not a financial interest in securities held by the organization;

(C) The proprietary interest of a policyholder in a mutual insurance company or a depository in a mutual savings association or a similar proprietary interest, is a financial interest in the organization only if the outcome of the proceeding could substantially affect the value of the interest;

(D) Ownership of government securities is a financial interest in the issuer only if the outcome of the proceeding could substantially affect the value of the securities.

(5) “Judge” means any Justice of the Supreme Court or Judge of the Superior Court.